The Press and Journal (Inverness, Highlands, and Islands)
Top judges say dredge ban is legal
Campaigners said they have won a “victory for Scotland’s seas” after judges rejected a bid by the Scottish Government to overturn an earlier court ruling on fishing.
The Court of Session judgment is another blow for Humza Yousaf’s Government, which is now a minority administration at Holyrood after he ended powersharing with the Greens.
Three judges including Scotland’s most senior, Lord Carloway, upheld a decision from June 2023 after a challenge to the government approach to licensing for scallop dredging.
Marine conservation charity Open Seas took the Scottish Government to court, arguing licensing decisions to allow scallop dredging – in which nets are dragged on the seabed – were unlawful as ministers did not consider marine habitats.
The government wanted the ruling overturned but the judges said they should “take decisions in accordance with their National Marine Plan” adopted in 2015.
They added: “That does not appear to be too difficult a task. It is one which must be undertaken, because there is a statutory duty.”
Phil Taylor, director of Open
Seas, said: “We are extremely pleased that the court has again ruled in support of our petition.
“This result is a victory for Scotland’s seas, and the thousands of people who want to see them safeguarded.
“Ministers must fundamentally reform the way they license fishing to ensure that destructive methods like scallop dredging do not cause serious harm.”
Open Seas provided what it said were examples of environmental damage caused by dredging in areas including the Flotta Sound in Orkney, as well as on the seabed near the islands of Rum, Islay and Scarba, north of Jura.
Mr Taylor added that seabeds such as these had “many societal benefits”, including their “vital role as fish nursery and spawning grounds”.
He said: “Scallop dredging undermines the health of our seas and brings no long-term net economic benefit to Scotland.
“This decision should be welcomed as a clear legal framework for Scottish ministers to implement their plans and ensure sustainable use of our seas.”
A government spokesman said ministers will respond in due course.